12-year-old Luise was found dead on Sunday.
Two girls are said to have committed the crime, but will probably remain unpunished.
What happens to them now?
Update from March 16, 12:48 p.m .
: In Freudenberg (17,000 inhabitants) nothing is like it used to be.
The act of violence against Luise (12) stunned and worried Freudenberg's parents (see below).
On March 11, 2023, Luise was allegedly stabbed to death by two classmates in a forest.
The two girls (12 and 13) have confessed to the crime, and due to their age they are not threatened with criminal prosecution.
The parents of the alleged suspects have now left Freudenberg, reports
WDR
.
Her current whereabouts remain secret.
Update from March 15, 8:04 p.m .:
In the case of the killed twelve-year-old Luise, the State Youth Welfare Office of North Rhine-Westphalia has no procedure ready for dealing with the alleged perpetrators.
"There has never been a case like this and accordingly we have no standard procedure for it," said a spokesman for the authorities on Wednesday in Cologne.
The local youth welfare office must find a solution on its own initiative - with or against the parents of the girls who confess.
"The case is so special that there is no procedure for it," said the spokesman.
The State Youth Welfare Office is part of the Regional Associations of Rhineland and Westphalia.
However, it is not a supervisory authority and only has an advisory function, it said.
After killing Luise (12): perpetrators “accommodated outside the home environment”
Update from March 15, 10:07 a.m .:
The case of the dead Luise has been shaking all of Germany for two days.
Because the two alleged perpetrators (12, 13) are not guilty according to Article 19 of the Criminal Code and cannot be prosecuted for criminal offenses, many parents in Freudenberg are very concerned about their own children.
Not only they are now asking themselves the question: What will happen to the two confessing girls, whose motive is still unknown?
As the responsible district of Siegen-Wittgensteinen announced, both are no longer living with their parents for the time being.
The two 12- and 13-year-olds were "housed outside of the home environment," it said.
"This is also linked to the fact that the children do not attend their previous schools."
+
Sad certainty: The missing 12-year-old from Freudenberg is dead.
© Andreas Trojak/dpa/ Police
The girls would still have contact with their parents.
"Because of the young age of the girls, contact with the family is very important for the development of successful support and is supported in this respect," promises the district of Siegen-Wittgensteinen on its website.
For the two suspects, it is also a "very unusual situation that requires a lot of empathy and prudent action," said district youth department head Thomas Wüst.
According to information from the
German Press Agency (dpa)
on March 14, it is conceivable
that the perpetrators receive psychiatric treatment, possibly also in a closed facility.
But it is also possible that the parents will get help with their upbringing – or that the children will be placed in a home or with a foster family for a while.
However, the legal hurdles for separating from parents against their will are high.
District Administrator Andreas Müller spoke to the parents of the dead
Luise expressed his sympathy: "The cruel act shocked us all.
The whole of Siegen-Wittgenstein mourns with you.
There are no words that can describe the great loss they have suffered.”
Luise killed: alleged perpetrators not guilty according to paragraph 19 of the penal code
Update from March 14, 3:50 p.m .:
In an official press conference, the police announced the current status of the investigation on Tuesday afternoon.
Accordingly, the suspicion was confirmed that two girls aged twelve and 13 killed Luise.
According to the information, these come from the circle of acquaintances.
Since the two alleged perpetrators are still under 14 years of age, there is a criminal immaturity.
This means that, according to Section 19 of the Criminal Code, they are not criminally responsible and will not be prosecuted for criminal offenses.
But that doesn't mean that "nothing will be done now," emphasized police spokesman Mario Mannweiler at the press conference.
"We are now placing this case in the hands of the youth authorities." No further information was initially given.
According to lawyer Julia Biastoch, accommodation with a foster family, a home or even a psychiatric facility is an option.
The latter, however, only if a serious mental disorder has been diagnosed.
Missing Luise is dead: what the police initially announced about the investigation
First report from March 14, 11:22 a.m .:
Munich – A crime in Freudenberg in North Rhine-Westphalia causes great dismay.
After there was no trace of a twelve-year-old since Saturday (March 12), there has been sad certainty since Sunday.
The missing Luise is dead. As the police announced on Monday, the girl was the victim of a crime.
"The investigations carried out so far confirm the suspicion that the girl was the victim of a homicide," said the spokesman for the Koblenz public prosecutor's office on Monday.
Based on the trace image, an act of violence can be assumed.
There is currently no evidence of a sexual offense.
"Investigations are in full swing," the spokesman said.
The police and public prosecutor's office initially did not provide any further information - "for reasons of investigation tactics".
"For us, the focus is currently on investigating the crime, as we are at an early and often crucial stage," said the spokesman.
As was confirmed on Tuesday, two girls are suspects.
According to information from the German Press Agency (dpa), they are twelve and 13 years old.
Concrete details were not initially published.
Minors commit a crime: what applies to them?
But what threatens young people who commit crimes if the worst comes to the worst?
For young people under the age of 18, different rules apply than for adults who commit a crime.
In general, according to the Criminal Code, two different age groups are distinguished.
According to case law, children under the age of 14 are treated differently than children between the ages of 14 and 18.
For
children under the age of 14,
according to Section 19 of the Criminal Code: "Anyone who is under the age of fourteen when committing the crime is not guilty." However, this is not a free ticket, according to lawyer Julia Biastoch, lawyer at the Chair of Criminal Law and Criminology at the University of Göttingen, told the NDR.
A crime has consequences even at this age.
The youth welfare offices are then responsible.
In addition to accommodation with a foster family or in a home, "accommodation in a child and adolescent psychiatric facility is also possible," said the expert.
The latter requires “a serious mental disorder”.
A different case law applies
to
children over the age of 14 .
They will be treated according to the juvenile criminal law.
This "is about the educational idea," said youth judge Maria Kleimann in the podcast episode "Juvenile Criminal Law" of the Federal Ministry of Justice.
"It's less about righting wrongs than making sure that no more wrongs happen.
So specifically, we try to do something with the young people that prevents them from committing further crimes.
Or, to put it positively: We help them get on the right track.” The range of possible reactions includes “working hours, conditions, apologies, social training courses, educational discussions, victim-offender mediation, payment of money, sometimes even short-term imprisonment or if nothing else helps, of course, youth punishment, i.e. prison, ”said Kleimann.
According to NDR, it is possible that suspected perpetrators will be remanded in custody.
As with adults, this is intended to prevent an attempt to escape or the covering of tracks.
Minor suspected of murder: What punishment is threatened?
Prison sentences are rare.
However, murder and manslaughter could result in a prison sentence of up to ten years, quoted the NDR lawyer Biastoch.
One factor plays a role in answering the question of criminal responsibility, as Biastoch explained: Can a young person “see the injustice of the act and take responsibility for it?” In normal criminal law for adults, this ability is considered a prerequisite.
(mbr)
List of rubrics: © Montage: FR.de/Polizee/dpa
